Mary Will Quoted in Law Week Colorado on the Limits, or Lack Thereof, on Medical Leave

Employers faced with drafting policies on medical leave are being tasked to figure out a vague question: How long is indefinite? The Family Medical Leave Act (FMLA) states that companies employing 50 or more people are required to offer up to 12 weeks of unpaid medical leave to their employees. After an employee has reached the 12 week threshold, they may be entitled to additional time under the Americans with Disabilities Act (ADA). The ADA applies to companies employing 15 or more people.

Faegre Baker Daniels partner Mary Will has years of employment law experience representing employers and was featured in Law Week Colorado discussing how employers can best navigate the sometimes conflicting rules in the FMLA and ADA. "Amendments to the ADA in 2008 significantly expanded the scope of what is considered a disability. The implementing regulations for the amendments were published in 2011, and since then, employers are finding that some medical conditions may now qualify as a disability under the ADA requiring reasonable accommodation," Will said.

Will noted that the accommodation may include extended medical leave, but the duration of the leave is open to interpretation. "The longer the leave is requested, the more likely it is an employer will be able to make the case it's not reasonable accommodation, and vice versa. There are no bright lines here, but a year is probably unreasonable while three months is something the employer should think hard about before denying," said Will.